Country Report

“Good Governance in Land Tenure and Administration and State/Public

Land Management in the Fiji Islands”

30th April – 01st May 2016

Issues with Land Tenure and

Administration in Fiji

Mr. Samisoni Paserio

Land and Housing Development Housing Authority

FIJI.

Fiji Islands

Viti Levu

Vanua Levu

Suva

Nadi

Lautoka

Savusavu

Kadavu Is.

Labasa

Lau Group

Lomaiviti

Taveuni Is. Yasawa

South-West Pacific Region

Fiji Is

Total Land Area of Fiji…- 18,333 sq km iTaukei Land…………..88% State Land……………….4% Freehold Land…………8%

LAND AREA AND LAND TENURE

Suva City

Ovalau Is. Lautoka City

Nadi

Ba

Sigatoka

Navua

Nausori

Rakiraki Tavua

Savusavu Taveuni Is.

Labasa Rabi Is.

iTaukei Land

88% - only 16% suitable for agriculture

Acts & Regulations

Native Lands Act

Owned by iTaukei Indigenous Fijians – Tokatoka, Mataqali, Yavusa

Administered by TLTB on behalf of landowners

Cannot be sold (only to Govt. on special circumstances) – leased

State Land 4%

Acts & Regulations

Crown Lands Act

Rivers and Streams Act

Land transfer Act

Surveyors Regulations

Owned by the State

Administered by the Department of Lands and Surveys

Cannot be sold (only on special circumstances) – leased.

Freehold Land

8% - very best

CGs & NGs

Acts & Regulations

Owned by individuals/group/etc.

Can be sold (willing seller and willing buyer), leased.

Issues Quality of Land Information with Government Agencies (Custodians)

Sharing of & Access to Land information

Security of Tenure

Land Use and Capabilities – specialised information.

Disputes in Land Boundaries & Land Ownerships

Lack of Awareness of Landowners & Public

Acts & Regulations, Policies, etc.

Lack of Awareness of Rights in Lease/License Conditions

Approval processes of Land and Foreshore Developments – too long.

Illegal Land/Foreshore Developments

Informal Settlements – Squatters

Acceptance of Technology

Lack of Resources

Quality of Land Information with Government Agencies

(Custodians) Issues:

Improve Data quality

Media of dissemination

Mode of dissemination

Remedial Measures: Sharing of resources

Continuous training

Sharing of & Access to Land Information

Issues: Custodianship concept not fully understood

Incompatible Standards - Data

Fear – un-certainties of Data qualities.

Excessive fees and charges – may lead to duplication of work and effort.

Remedial Measures: Data/Information belongs to the State

Introduce Standards eg. tikina, province, etc

The sense of accountability

Review of Fees and Charges

Security of Tenure

Issues: Un-surveyed landholdings – cadastral

Vulnerability to “Vakavanua” arrangement– informal

Remedial Measures: Cadastral survey - subject to Land Transfer Act

Zoning/development lease

Certificate of Title/ Lease Titles (NL. CL)

Land Use and Capabilities – specialised information

Issues: Landowners do not have access to Land information eg. land use, soil

types, etc

Lack of participation by landowners and guidance from responsible agencies, eg. Lands, Agriculture

Remedial Measures: More participation from responsible government agencies – expert

advise, etc.

Transition from subsistence to economic land-use - best and optimum use of land.

The need for the Landowners to have access to Land information, eg zoning, land-use, soil types, etc

Disputes in Land Boundaries & Land Ownerships

Issues: Lack of Information / Miss-information

Hearsay - Insufficient evidences

Self gain

Remedial Measures: Sharing of resources

Readily available & accessible information on Land Ownership to all – graphic & non-graphics

Regular interview session – radio, TV, newspaper.

Lack of Understanding by Landowners & Public on various Acts, Regulations, Policies, etc.

Issues: Lack of knowledge of Acts, Regulations and Policies.

Pre-conceived ideas and misunderstanding of rights – landowners, lessees, public.

Remedial Measures: Capacity building workshops on Land Issues – Ministry of Indigenous

Affairs.

More consultation amongst the Interagency Committee on Lands.

Attendance & Participation in Provincial, District and village meetings

Partnership approach on all Stakeholders

Approval processes of Land and Foreshore Developments – too

long.

Issues: Incomplete Application form

Referrals – Environment (EIA), T&CP, Fishing Rights, Local Authorities, etc.

Remedial Measures:

Review of Acts, Regulations & Policies

Fully Informed customers/clients on requirements by TLTB, Lands, etc.

“One Stop Shop” concept.

Fishing Right Owners

Fisheries, Marine

Foreshore Application Referrals

APPLICATION

Div Com’s DOs

Ports Authority

DTCP Council/ LA

Roko Tui/ NLFC

Dept. Environment

Mineral Resources

Dept

Illegal Land/Foreshore Developments

Issues: Lack of monitoring land authorities eg. Lands Dept.

Isolation of islands

Ignorance - stubborn (Momi case)

Remedial Measures: Enforced lease conditions

Regular field trips and monitoring exercises.

Informal Settlements – Squatters Issues:

Increasing – especially on State land.

Vacant & un-developed land

Un-secured rights

Un-healthy living conditions

State – humanitarian concern

Remedial Measures: Develop vacant land – especially State land

Land administration agencies to develop policies/strategies to deter informal settlements with assistance & support of all relevant stakeholders.

Lack of Resources Issues:

No funding support

Lack of manpower expertise

Lack of knowledge of answers to What! Who! Where! How! Whose! When! - lead to duplication of effort, etc.

Remedial Measures: Sharing of resources – manpower, technology, data

Continuous training – local staff

Easy access to Land & Geographic Information Directory – Metadata

Information available at marginal cost.

UN and donors – funding to sustain projects

Vinaka